friday. that's because there's a shortage of a key drug used in executions, sodium thiapenthol. in a statement, the attorney general's office says -- >> reporter: the statement didn't say when that would be and the spokesperson declined to be interviewed. officials say the drug is available for the execution of albert brown, condemned for the rape and killing of a 15-year- old girl in riverside in 1982. uc berkeley law professor heads this -- >> i think we know know why the state was rushing. >> reporter: today brown received a legal setback in court today. attorneys seeking to halt the killing of albert brown asked a marin county superior court for a temporarily restraining order while the state can review the protocol. >> mr. brown cannot prove that -- [ inaudible ] >> the application for a temporary restraining order is defined. >> the department of california corrections did not follow the rules when they enacted these regulations. the court needs an opportunity to evaluate those very serious claims before we carry out executions. >> reporter: attorneys are appealing today'